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December 18, 2024
OCC Orders 'Comprehensive' Remedial Action For USAA Bank
The Office of the Comptroller of the Currency on Wednesday hit USAA Federal Savings Bank with curbs on new product additions and membership growth as part of a fresh consent order that follows prior enforcement actions against the military-focused bank.
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December 18, 2024
Acima Says CFPB's 'Baseless' Power-Grab Suit Must Go
Rent-A-Center affiliate Acima has urged a Utah federal judge to throw out a Consumer Financial Protection Bureau lawsuit accusing the lease-to-own fintech company of predatory lending practices, arguing that the agency has an unconstitutional funding mechanism and lacks the authority to regulate lease-to-own businesses, among other things.
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December 18, 2024
Standing Unchanged In Gun Show Loophole Case, States Say
A Texas-led coalition of states has told a federal judge that the ATF failed to "move the needle" in arguing that several pro-Second Amendment organizations don't have standing to challenge a Biden administration rule that would broaden the scope of who qualifies as a firearms dealer.
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December 18, 2024
Texas Panel Reverses $22M Award In Gas Plant Contract Case
A Texas appeals court has affirmed a jury verdict finding that midstream company Arrow Field Services LLC stiffed its general contractor to the tune of $20 million, but it reversed a $22.4 million award in interest and legal fees based on a carveout for oil and gas projects.
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December 18, 2024
KFC Ends Suit Against Church's Over 'Original Recipe' TM
KFC has agreed to end its lawsuit launched just last month that had sought to stop Church's Texas Chicken from using the term "original recipe" to promote its fried chicken.
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December 18, 2024
DOJ Wants Misconduct Allegations Hushed In Used Car Case
The U.S. Department of Justice wants to bar defendants accused of violently controlling the cross-border transport of American used cars into Central America from raising accusations of misconduct by nonwitness law enforcement officers to the jury without prior approval from the Texas federal judge overseeing the case.
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December 18, 2024
Patents, Juries, Baking: Catching Up With EDTX's Next Chief
U.S. District Judge Amos L. Mazzant spoke with Law360 in a wide-ranging conversation this week about what might be in store for the Eastern District of Texas when he takes over in March as the top jurist overseeing the nation's busiest patent docket.
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December 18, 2024
Jay-Z, Quinn Emanuel Accused Of Paying Ex-Buzbee Clients
Texas personal injury lawyer Tony Buzbee added a new front to his feud with Shawn "Jay-Z" Carter on Wednesday, accusing the rapper's company Roc Nation and law firm Quinn Emanuel Urquhart & Sullivan LLP of recruiting and paying former clients to bring malpractice claims.
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December 18, 2024
Fed. Circ. Reverses $13M IP Verdict Over Point-Of-Sale System
The Federal Circuit on Wednesday tossed a $13 million jury verdict against NCR Corp. in a suit accusing it of infringing two payment processing patents, saying the company wasn't liable for its customers' use of the patented system under the appellate court's precedent.
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December 18, 2024
Texas Says Border Wall Panel Sales May Violate Injunction
Missouri and Texas asked a federal judge to probe whether the Biden administration is violating an order to use $1.4 billion of congressional funds to build the southern border wall, pointing to media reports that wall materials are being sold off.
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December 17, 2024
Lewis Brisbois Wins $543K In Fees In Name TM Spat In Texas
Lewis Brisbois Bisgaard & Smith LLP is entitled to $543,146.81 in fees after securing a $1.5 million judgment in a trademark lawsuit it prosecuted against the owners of a mediation business that took the BigLaw behemoth's name, a Texas federal judge said Tuesday.
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December 17, 2024
Red States Can Back Feds In Dakota Access Pipeline Row
A North Dakota federal judge said Tuesday that 13 Republican-led states can back the federal government in litigation brought by the Standing Rock Sioux Tribe seeking to halt operations of the Dakota Access Pipeline.
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December 17, 2024
Texas Rep. Aims To Bar DOD Buys From China-Linked IT Cos.
Rep. Pat Fallon, R-Texas, introduced a bill Tuesday that would prohibit the U.S. secretary of defense from entering into information technology contracts with companies with certain ties to China, saying cyberattacks have highlighted the vulnerability of the country's defense and IT systems to foreign interference.
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December 17, 2024
Family Separation Was Deliberate And Calculated, Report Says
Human Rights Watch said in a new report that as many as 1,360 children were never reunited with their parents after the Trump administration introduced a zero-tolerance policy that led to a deliberate increase in family separation at the Southern border.
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December 17, 2024
Insurer Can't Duck Coverage Of Fire Suit, Texas Jury Finds
A Texas federal jury rejected an insurer's bid to escape covering a trucking company in an underlying suit over a fire at a saltwater disposal facility that killed one of the company's employees, finding that the incident was not caused by the excluded act of hydrofracking.
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December 17, 2024
Texas Lawmakers Issue 2nd Subpoena In Shaken Baby Case
Texas lawmakers issued a subpoena to a man convicted based on a diagnosis of shaken baby syndrome, marking their second attempt to hear his testimony at a House committee meeting on the state's so-called Junk Science Law.
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December 17, 2024
5th Circ. Tosses EPA Rule After Agency Loses Docs
The Fifth Circuit on Tuesday granted the U.S. Environmental Protection Agency's unusual request that the court vacate a challenged 2016 rule that partially disapproved regional haze plans created by Texas and Oklahoma and imposed a federal plan.
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December 17, 2024
5th Circ. Preserves Feds' ACA Trans Health Policy
The Fifth Circuit upended a Texas court decision that invalidated a federal agency interpretation of the Affordable Care Act's provision on nondiscrimination in healthcare, keeping intact federal policy that prohibits insurers from discriminating against individuals seeking treatment for gender dysphoria.
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December 17, 2024
Groups Want Win In Partially Blocked Prevailing Wage Rule
The U.S. Department of Labor's final rule updating how prevailing wages are calculated under the Davis-Bacon Act should sink because it is arbitrary and capricious, a group of construction groups said, urging a Texas court to ax the rule after it partially blocked it.
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December 16, 2024
Circuit-By-Circuit Guide To 2024's Most Memorable Moments
One judge said a litigant's position would cause "an effing nightmare," and another decried the legal community's silence amid "illegitimate aspersions." Public officials literally trashed one court's opinion, and fateful rulings dealt with controversial politicians, social media and decades of environmental policy. Those were just a few appellate highlights in 2024, a year teeming with memorable moments both substantive and sensational.
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December 16, 2024
Report Finds CBP Still Separating Some Children In Detention
A court-appointed juvenile care monitor told a California federal judge the U.S. Customs and Border Patrol was continuing to routinely hold children separately from parents or trusted adults at a Donna, Texas, facility this September, in what could be the monitor's final report.
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December 16, 2024
Texas Bitcoin Mining Enterprise's Investors Accuse It Of Fraud
Founders of a Texas-based bitcoin mining company are being accused of fraud by several investors in a new lawsuit claiming they attempted to conceal the sale of the company's operational facilities to a competitor, which led to the company's filing for bankruptcy earlier this year.
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December 16, 2024
'Plans Do Matter,' Tempur Sealy Says In Final Merger Hearing
Tempur Sealy made its final push Monday in support of its $4 billion planned Mattress Firm purchase, telling a judge during closing arguments that the Federal Trade Commission hadn't shown that the company planned to deviate from its intent for Mattress Firm to remain autonomous.
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December 16, 2024
Congress Sends Biden Another Bill To Help Federal Courts
The House voted 390-0 Monday evening in favor of a bipartisan bill to make permanent 10 judgeships across the country, including in Texas, Florida and California, and the bill now goes to the president's desk.
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December 16, 2024
House Clears Bills To Promote Broadband, Wireless
The U.S. House passed three bills Monday aimed at easing broadband deployment and bolstering U.S. leadership in wireless industries.
Expert Analysis
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Election Outlook: A Precedent Primer On Content Moderation
With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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The Ethics of Using Generative AI In Environmental Law
The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Considering Noncompete Strategies After Blocked FTC Ban
A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Perspectives
2 High Court Rulings Boost Protections Against Gov't Reprisal
The U.S. Supreme Court’s recent decisions in Gonzalez v. Trevino and Chiaverini v. City of Napoleon significantly strengthen legal protections against retaliatory arrests and malicious prosecution, and establish clear precedents that promote accountability in law enforcement, say Corey Stoughton and Amanda Miner at Selendy Gay.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.